Understanding the Ninth Schedule and Judicial Review in India

The question asks about the powers of the Indian Parliament regarding the Ninth Schedule of the Constitution and the extent to which laws placed in this schedule are immune from judicial review. Let's examine each statement carefully.

Statement 1: Parliament's Power to Place Laws in the Ninth Schedule

The Ninth Schedule was added to the Constitution by the First Amendment Act, 1951. Its primary purpose was to protect land reform laws from being challenged in court on the grounds of violating fundamental rights, particularly the right to property which was a fundamental right at that time. The power to amend the Constitution, including adding to or modifying schedules, rests with the Parliament of India under Article 368. Therefore, Parliament can pass constitutional amendment acts to include specific laws in the Ninth Schedule.

This power has been exercised numerous times since 1951, adding a variety of laws beyond just land reforms, including those related to reservation and other subjects.

Thus, the statement that the Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India is correct.

Statement 2: Judicial Review of Laws in the Ninth Schedule

Originally, laws placed in the Ninth Schedule were considered to be beyond the scope of judicial review. This meant that courts could not examine their validity, even if they seemed to violate fundamental rights. This was the intended effect of Article 31B, which was inserted along with the Ninth Schedule.

However, the Supreme Court of India has, over time, evolved its stance on the judicial review of laws in the Ninth Schedule. A significant development came with the landmark Kesavananda Bharati v. State of Kerala case (1973), which established the doctrine of Basic Structure of the Constitution. The Court held that while Parliament has the power to amend the Constitution, this power does not extend to altering its basic structure.

In the subsequent case of I.R. Coelho v. State of Tamil Nadu (2007), a nine-judge bench of the Supreme Court clarified the position regarding the Ninth Schedule. The Court held that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment) are subject to judicial review. They can be challenged on the ground that they violate the basic structure of the Constitution. Laws placed before this date remain largely immune, though this is a complex area of law.

Therefore, the statement that the validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgment can be made on it is incorrect. While there was such an understanding initially, it is no longer absolutely true for laws added after April 24, 1973.

Conclusion

Based on the analysis of both statements:

• Statement 1 is correct because Parliament has the constitutional power to add laws to the Ninth Schedule through amendments.
• Statement 2 is incorrect because laws placed in the Ninth Schedule after April 24, 1973, are subject to judicial review on the grounds of violating the basic structure of the Constitution.

Therefore, only Statement 1 is correct.

Revision Table: Ninth Schedule Key Points

Additional Information on Constitutional Concepts

Understanding the Ninth Schedule also requires familiarity with related concepts:

• Judicial Review: The power of the courts to examine the constitutionality of laws and executive actions. If a law is found to be unconstitutional, the court can declare it invalid.
• Basic Structure Doctrine: A principle evolved by the Supreme Court (Kesavananda Bharati case) stating that certain fundamental features of the Constitution constitute its basic structure and cannot be amended by Parliament. Examples include the supremacy of the Constitution, the republican and democratic form of government, the secular character of the Constitution, separation of powers, federal character, etc.
• Constitutional Amendment: The process by which changes are made to the Constitution. Article 368 of the Indian Constitution outlines the procedure for amendments. Parliament uses this power to add or modify provisions, including adding laws to the Ninth Schedule.

The interplay between Parliament's amending power, the Basic Structure Doctrine, and the Ninth Schedule has been a crucial part of India's constitutional history, highlighting the dynamic balance between legislative power and judicial oversight.